MAFF set to face action over OP health claims

17 December 1999




MAFF set to face action over OP health claims

By Liz Mason

SOLICITORS acting for farmers who claim their health has been ruined by organophosphorous sheep dips are set to take legal action against MAFF.

Solicitors Hodge, Jones and Allen, one of two legal firms co-ordinating the group action, have written to MAFF informing them that they are potentially liable following a change in case law.

Initially solicitors said claims against MAFF, citing negligence or breach of duty, were likely to fail and farmers were advised to take action against OP dip manufacturers or employers. A High Court hearing in June, which set directions for the OP case, heard that there would be no action against the government unless the European Court overturned a legal precedent. But Patrick Allen, senior solicitor co-ordinating the group case for the Legal Aid Board, said a European Court ruling had now established that plaintiffs had the right to sue government departments and this ruling had been applied in other cases. Kent farmer, Cary Coomber, who has been involved in a long legal battle over OP sheep dip, said the move would please a lot of people. "There is no question that MAFF has been negligent", he claimed.

Patrick Allen said MAFF had made sheep dipping compulsory from 1978-1992. Since then farmers were liable to prosecution if sheep suffered scab. This meant they were under considerable pressure to dip flocks but MAFF knew the chemicals farmers were required to use were so dangerous that it was impossible to use them safely. "We have got a lot of evidence from experts in the field confirming that these chemicals have always been tremendously dangerous, even in laboratory conditions. But for farmers, often dipping large flocks of sheep, it was almost impossible to use them safely and that would have been known by the manufacturers, who were working very closely with the ministry."

Mr Allen added that the numbers of farmers involved in the group action was still growing and there had been about 1000 enquiries since the Court hearing in June. The next hearing will be in January and there was still time for interested farmers to contact solicitors to discuss potential claims, he said.

Phone Hodge, Jones and Allen on 020-7482 1974. &#42


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